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TRADEMARK REGISTRATION

TM / TradeMark Registration Service in India – Online Filing Process, Procedures, and Cost

About Trademark – It’s Meaning

A Trademark is an Intellectual Property, which could be a Symbol or word or words, which can be “Legally Registered or Established” for use as a Company or Product.

Trademarks Protect Brands. In simple terms, it is anything by which your customers can identify a product or the source of a product, such as a name, etc associated with the product.

A ‘TM’ could be of any Distinctive Design, Sound, Graphics, Logo, Symbols, Words, or any Combination thereof, that “Uniquely Identifies” a firm and/or its goods or services that guarantee the item’s genuineness and gives its owner the “Legal Rights” to prevent the trademark’s unauthorized use.

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Background of Trademark in India

The government of India established The Trade Marks Registry in 1940. Currently the registry administers the Trade Marks Act, 1999 and the rules framed thereunder. The objective of the Act is to register the TMs applied by various businesses or individuals and to help them to protect and also to prevent the fraudulent use of the registered marks.

The main function of the Registry is to register the marks which are legally qualified for registration under the applicable Act and Rules. It also acts as the main resource by providing requisite information to the applicants and also as a facilitator in matters relating to trademarks in the country.

Other Types of Intellectual Property which can be Protected / Registered

  • Copyright
  • Patent
  • Provisional Patent

Importance of Trademark Online Registration. Why Should You Register?

To put it simply, “If you don’t register your trademark, someone else will”.

This could immediately put your business and its products or services at serious risk. Securing a registered TM legally protects your brand, and provides you with the authority to prevent others using similar symbols of your business.

By getting your brand registered, you are legally entitled with all the rights to take appropriate actions against those who attempt to register conflicting names, or are operating with conflicting brands names similar to your business.

As your product or service becomes to grow and successful, the trademark will also start to develop an intrinsic value. Also, keep in mind that investors will seriously assess whether you have taken the appropriate legal protection to secure your brand.

Trademark Search India

How do you know whether your intended trademark logo is available for registration or no one has already registered your desired mark before? Hence, before starting to file, you have to perform an online trademark public search at Govt’s “Trademark Registry”.

If you fail to do a search, chances are that you could end up using something similar enough to pose a conflict with someone else’s mark, which might be already in use and could eventually lead to potential infringement.

Also it is important to note that, Law gives rights to those who actually use the mark first, irrespective of whether or not they were registered. This is usually called as common-law. If the mark is registered under the respective Act, then it is Legally Registered (which also gives  you the right to use ® symbol).

What are all that can be Trademarked?

Packaging, Shape, Sounds, Colours, Logos, Phrases, Words, Symbols, Images, Initials or a combination of all can be trademarked.

Trademark Types / Symbols Explained: ‘R’ ‘TM’ ‘C’ ‘SM’

® – R SYMBOL

™ – TM SYMBOL

© – C SYMBOL

SM – SYMBOL

Prohibited Trademarks

Indian Trade Marks Registry has published a list of marks that are prohibited from using. The complete list can be accessed at the official ipindiaonline website.

Key Applicants for Trade-mark Registration. Who can apply?

Anyone who claims to be the owner of a trademark used or proposed can apply for registration. They can be either;

  • Individuals,
  • LLPs,
  • private firms,
  • Indian Companies,
  • NGOs, etc

Trademark Registration Process and Procedure in India

Conduct Trademark Search

The first step is to search the TM registry to ensure the availability of your mark. It is very important to ensure that the intended trade mark is not identical to any other mark which is already registered.

Select the Appropriate Class for your business

There are different classes in the TM registry for various products and services. Select the appropriate class best suitable for your business.

File the Application with the Department – Get TM Number

A trademark registration form (Form TM – 1) has to be filed with the TM Registrar in the prescribed manner along with the requisite fees. Then, the registry will allot an application allotment number, usually within one or two working days.

Verification / Registration

Then the verification of the application will start. It will be forwarded to a Presiding Officer in the TM Registrar Office. The Officer will review the application for correctness and if satisfied, will issue the examination report.

Appear for Hearing before the Office / Registrar

If the application is objected or rejected by the verifying Officer, the applicant can appeal and appear before the Trademark Officer to address the objections raised by the respective officer.

Trademark Registration Completion

Once all the compliances are satisfied and the application is completely accepted by the registrar, the applied mark will be published in the registrar’s Trademark Journal.

Timeline for Registering a Trademark in India

The application number for the trademark is usually issued within one or two working days from  filing. But, the entire process is rather lengthy and would normally take around 18 – 24 months (much more in some cases) to obtain registration (assuming there are no objections filed).

Documents required for Trademark Registration and Filing:

Normally, the following documents are required while filing for a TM Registration.

  • Full Name of the Applicant
  • Type of Business
  • Main Objectives of the Business
  • Name of the Brand / Slogan / Logo
  • ID Proof
  • Address Proof of Registration
  • Power Of Attorney
  • Board Resolution (in case of a Company)

Trademark Registration Cost / Fee in India

  1. Government Fee – Rs. 4,500 (Complete list of Fees can be found here – http://www.ipindia.nic.in/form-and-fees-tm.htm)
  2. Registered Trademark Lawyer or Attorney Fee – Approx Rs. 1,500 to 3,000